IMMIGRATION LAW UPDATE RACHAEL MASON
The great immigration reset What to bin and what to keep has clearly been on the minds of Immigration New Zealand (INZ) when writing immigration policy over the past 18 months. Rachael Mason provides an update.
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NZ has been issuing policy changes at a rate of knots, keeping employers and migrants in a state of uncertainty. With the 2021 Residence category announcement, INZ is now executing phase one of its ‘immigration reset’.
2021 Residence category
This new category will enable an estimated 160,000 migrants to secure New Zealand residence, providing them with the opportunity to live in New Zealand on a permanent basis. While some will not qualify, this policy effectively grants residence to most migrant workers who were in New Zealand on the main work visa categories as at the date of the announcement in late September. The policy involves three qualifying categories: • Settled: for applicants who have been here for at least three years 36
HUMAN RESOURCES
SUMMER 2021
• Scarce: for applicants who have jobs on the skills shortage lists • Skilled: for applicants earning at least the median pay rate of $27 per hour.
the struggle to get residence. It is likely a significant number of those being granted residency under this policy would have had no way of qualifying otherwise.
Migrants who have arrived or arrive on a border exception or critical purpose visitor visa may also be eligible under this category.
The policy effectively resets the onshore migrant workforce, paving the way for the second phase of the reset as we see the gradual reopening of the border, which is set to start from the first quarter 2022.
Generous at last?
Although a few hooks are in the detailed policy to be aware of, if an applicant can get past the first settled, skilled or scarce gateway, in most cases, they will be able to qualify. It’s fair to say that the generosity of this new policy went much further than would have been expected. Ironically, a significant number of migrants hold visas where the employment is classed as ‘low skilled’ and who have been subject to the offshore stand-down after three years of working here, who will be eligible. Previously, the policy said, “You can come, but only for three years” to these people. Now they are being invited to stay forever. The new category removes a considerable number of migrant workers and their employers from the painful and uncertain cycle of repeat work visa applications and
The closed border and disruption to the immigration system has been described as a once in a generation opportunity to change the way immigration is managed.
Accredited Employer Work Visa
The second phase will see the introduction of the new Accredited Employer framework for employersponsored work visas, which will require all employers wishing to hire a migrant worker (other than certain ‘open’ work visa holders) to become accredited with INZ and make an application via their ‘gateway’ system. This requirement for accreditation is designed to ensure employers meet good standards of
